Public Space Protection Orders (PSPOs)

Key Information

Date: 

Mon, 06/02/2017 - 9:00am to Sun, 26/02/2017 - 5:00pm

Who can take part?: 

All Borough residents

Who is asking?: 

Broxbourne Borough Council
The consultation is open: from 6 February 2017 to 26 February 2017. Representations should be made in writing by Sunday 26 February to :
 
Community Safety Team
Broxbourne Council
Borough Offices
Bishops' College
Churchgate
Cheshunt
Herts
EN8 9XQ
 
 
Representations received after 26 February will not be considered as part of the consultation process.  For further discussions on the proposed orders, please contact the Community Safety Team on 01992 785573
 

Proposal to create a Public Space Protection Order (PSPO) for Broxbourne

Broxbourne Council, in response to concerns from members of the public and locally elected members, propose to introduce Public Space Protection Orders (PSPOs), under the Anti-Social Behaviour, Crime and Policing Act 2014.   

The proposed PSPOs for Broxbourne are required to replace the existing Dog Control Order (DCO) and the existing Designated Public Places Order (DPPO). The Anti-Social Behaviour Crime and Policing Act 2014 requires that existing DCO and DPPOs are replaced with PSPOs by October 2017.PSPOs allow only authorised officers, Police and PCSOs to target specific anti-social behaviour offences that occur in public areas. Orders can be tailored to the needs of a local area.
 
The Council is keeping the same DCO and DPPO restriction on the new PSPOs but is proposing to add a further Order to reduce people causing incidents of vehicle related anti-social behaviour.  This follows concern over incidents in Cheshunt Park, The Brookfield Centre, Theobalds Park and Bramble Lane where people have been gathering causing a nuisance or riding a mechanically propelled vehicle in an anti-social manner. 
 
Broxbourne Council believes that creating new PSPOs which address the problems of dog control, alcohol consumption in designated areas and vehicle related anti-social behaviour will have a positive impact on the wellbeing of the community.
 

Proposed Orders and Maps

The proposed Orders and associated maps can be found here:
 
1.     Public Space Protection Order – replacement of Dog Control Order - Borough-wide. View Order.
2.     Public Space Protection Order – replacement of Designated Public Places Order. View Order. View map.
3.     Public Space Protection Order – Vehicle Nuisance

        (a)  Cheshunt Park and Brookfield Centre. View Order. View map for Cheshunt ParkView map for the Brookfield Centre.

        (b) Bramble Lane and Theobalds Park. View Order. View map for Bramble Lane. View map for Theobalds Park.

Fixed penalty notices of £100 could be issued to people where this behaviour is persistent or continuing and considered detrimental to the quality of life of those in the local community.
 

Frequently Asked Questions

What are Public Spaces Protection Orders (PSPO), how do they work, how are they enforced?
Public Spaces Protection Orders (PSPOs) are a measure to stop individuals or groups committing ASB in public places. The local authority will identify the area that is to be covered by the orders – known as the ‘restricted area’.
The PSPO can:
  • Prohibit specified things being done in the area
  • Require specified things to be done in the area
 
The prohibitions or requirements can be framed so that they: 
  • Apply to all persons, or only persons in specified categories, or to all persons except those in specified categories
  • Apply at all times, or only at specified times, or at all times except those specified
  • Apply in all circumstances, or only in specified circumstances, or in all circumstances except those specified
 
The local authority is responsible for introducing PSPOs.  It is important that the PSPO is used proportionately and that it is not seen to be targeting behaviour of individuals where there is a lack of tolerance and understanding by local people. Consideration must also be given to the Equality Act and Human Rights Act when setting out restrictions or requirements.
 
The capacity of the local authority, Police and other authorised officers to actively enforce orders must be considered.  Appropriate use of signage and information raising awareness of the restrictions and requirements in place are necessary.  Enforcement will be proportionate and managed within resources available and should not affect response to genuine emergency situations.
 
Any persons found guilty of breaching the order are liable on summary conviction to a fine not exceeding level 3 on the standard scale.  Depending on the behaviour in question, the enforcing officer could decide that a fixed penalty notice of up to £100 would be most appropriate sanction. A FPNs cannot be issued to anybody who is under 16 years of age.
Are PSPOs a new piece of legislation?
PSPOs were introduced in the Anti-Social Behaviour, Crime and Policing Act 2014 which became law in October 2014. They replace Gating Orders, Dog Control Orders and Street Drinking Bans. They tackle anti-social behaviour (along with many others now being used) and provide further options for local authorities and Police. They should not, however, be seen as fix for all concerns and must be considered in line with other available actions, legislation and resource.
Will the Order prevent me from drinking alcohol in the area covered by a PSPO?
Not necessarily. An order prohibiting the consumption of alcohol cannot be used against licensed premises. Therefore if an area covered by the PSPO is licensed by a temporary events notice or another type of licence under the Licensing Act 2003 then the PSPO will not be effective for the period of that licence.  Furthermore an offence will only be committed once an individual does not cease drinking or surrender a container with alcohol in, when challenged by the authorised officer. The purpose of the Order is to tackle anti-social behaviour and when there is no threat of anti-social behaviour there will be no need to challenge an individual.

Can this order be appealed?

Any person who lives in the restricted area or who regularly works in or visits that area may apply to the High Court, within 6 weeks beginning with the date on which the Order is made, to question the validity of the Order on the grounds that the local authority did not have the power to make the Order, or to include particular prohibitions or requirements imposed by the Order, or that a requirement of the Act was not complied with in relation to the Order.
How will I know if the Order comes into force?
If the order comes into force, there will be one or more of the following ways that you will know about it:
  • Information will be published on the Council's website
  • Signage will be erected where appropriate